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Title Citation Alternate Citation Summary Type
Humane Soc. of U.S. v. Locke 626 F.3d 1040 (C.A.9 (Or.),2010) 2010 WL 4723195 (C.A.9 (Or.))

The National Marine Fisheries Service (NMFS) authorized several states to kill California sea lions under section 120 of the Marine Mammal Protection Act (MMPA), which allows the intentional lethal taking of individually identifiable pinnipeds. Plaintiffs filed action for declaratory and injunctive relief against Defendants. The Court held that NMFS 1) did not adequately explain its finding that sea lions were having a “significant negative impact” on the decline or recovery of listed salmonid populations; and 2) NMFS did not adequately explain why a California sea lion predation rate of 1 percent would have a significant negative impact on the decline or recovery of these salmonid populations. Therefore, the agency's action was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” under the Administrative Procedure Act.

Case
US - Elephant - Asian Elephant Conservation Act 16 USC 4261 - 4266 A U.S. federal law that reaffirms the endangered status of Asian elephants and allocates money toward conservation efforts. Statute
TX - Dog - Consolidated Dog Laws V.T.C.A., Health & Safety Code § 821.101 - 104; 822.001 - 100; § 823.001 - 009; § 824.001 - 004; § 826.001 - 055; § 828.001 - 015; V. T. C. A., Parks & Wildlife Code § 62.0065; § 62.016 TX HEALTH & S § 821.101 - 104; 822.001 - 100; § 823.001 - 009; § 826.001 - 055; § 828.001 - 015; TX PARKS & WILD § 62.0065 ; § 62.016 These Texas statutes comprise the state's dog laws. Among the provisions include the dangerous dog laws, registration and vaccination requirements, and sterilization laws. Statute
Derecho Animal Volume 2 Núm 3

Vol. 2 Núm. 3 (2011)

 

Tabla de contenidos

 

Editorial

 

Ellos también vienen

Teresa Giménez-Candela

PDF

Policy
New England Anti-Vivisection Society v. United States Fish and Wildlife Service and Yerkes National Primate Research Center 208 F. Supp. 3d 142 (D.D.C. 2016) 2016 WL 4919871 (D.D.C., 2016) New England Anti-Vivisection Society (NEAVS), a non-profit organization that dedicates itself to animal-welfare, brought suit against the United States Fish and Wildlife Service (FWS) for issuing an export permit to Yerkes National Primate Research Center (Yerkes). NEAVS filed suit against FWS arguing that FWS had violated the Endangered Species Act, the Administrative Procedure Act, the National Environmental Policy Act, and the Convention on International Trade in Endangered Species. NEAVS argued that FWS had violated the acts by allowing Yerkes to export chimpanzees in exchange for making a financial donation that would be put towards a program to help with “habitat destruction and disease, which face wild chimpanzees in East Africa.” The court reviewed the case and determined that it did not have subject-matter jurisdiction to address the claims made by NEAVS. The court found that NEAVS was not able to establish standing under Article III of the Constitution because NEAVS had not “suffered an injury in fact.” Ultimately, the court held that NEAVS was unable to show that it had a “concrete and particularized injury in fact that is actual or imminent” and that is “traceable” to FWS’ actions. As a result, the court granted summary judgment in favor of FWS. Case
Amos v. State 478 S.W.3d 764 (Tex. App. 2015), petition for discretionary review refused (Nov. 18, 2015) 2015 WL 4043302 (Tex. App., 2015) A jury found appellant guilty of the offense of cruelty to a nonlivestock animal after he beat a Shih Tzu to death with a broom. After finding an enhancement paragraph true, the jury assessed Appellant's punishment at thirty-one months’ confinement. Appellant asserted five issues on this appeal: (1) the admission of a State's witness's recorded statement to the police, which the court overruled because the evidence was received without objection; (2) the denial of his motion to quash the indictment for failing to allege an offense, which the court overruled because the indictment tracked the statutory language; (3) the denial of six of his challenges for cause, which the court overruled because the venire members gave the defense counsel contradictory answers meaning the trial court could not abuse its discretion in refusing to excuse a juror; (4) the denial of his objection to the charge, which the court overruled because the jury charge tracked the statute’s language; and (5) the denial of his motion to suppress the dog’s necropsy, which the court overruled because the appellant had no intention of reclaiming the dog's body or her ashes and thereby relinquished his interest in them such that he could no longer retain a reasonable expectation of privacy and lacked standing to contest the reasonableness of any search. The lower court’s decision was therefore affirmed. Case
ME - Cat - Consolidated Cat Laws 7 M. R. S. A. § 3916 - 3919C; 1 M. R. S. A. § 217 ME ST T. 7 § 3916 - 3919C, 4041; ME ST T. 1 § 217 These statutes comprise Maine's cat laws. Among the provisions include rabies vaccination requirements, stray cat procedures, and the designation of the "state cat." Statute
City of Houston v. Levingston 221 S.W.3d 204 (Tx.App.-Hous.(1 Dist.) 2006)

This opinion substitutes City of Houston v. Levingston, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.)), which is withdrawn.

Case
US - Horses - Sale of Wild Free-Roaming Horses and Burros PL 108-447

These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions.  Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act.

Statute
OH - Lakewood - Breed - 506.03 PIT BULL DOGS OR CANARY DOGS LAKEWOOD, OH., ORDINANCES § 506.03 (2008)

No person may keep, harbor or own pit bull dogs or canary dogs in Lakewood, Ohio, with exceptions for dogs in the city on the effective date. A dog may be allowed to stay provided it has a microchip for identification, has been sterilized, the owner has liability insurance of $100,000, and the dog is properly confined or secured. Failure to comply could result in the removal or impoundment of the dog. The owner may also be charged with a misdemeanor.

Local Ordinance

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